Family Law Explained
What Our Clients Say
Choose Your Fate: Seven Courtless Divorce Options
Custody & Visitation
Alimony & Spousal Support
Post-Divorce Planning Checklist (When You Receive Your Final Judgment) Once your divorce is finally over, whether it took four years or four weeks,
Pre-Divorce Planning Checklist (Before Speaking To An Attorney) When clients come in to consult me for the first time, it is unusual (although
Custody & Visitation
Custody & Visitation in Tampa
The Florida family law courts and custody statutes define two separate but linked issues: parenting time (timesharing) and parental responsibility. Timesharing is the time that you are with your child(ren). This used to be considered custody and visitation. Parental responsibility defines who makes the decisions about your child(ren). In most situations, it is shared. However, in some cases, one parent has the final decision for all decision or for certain decisions. Families enter into parenting plans with specific timesharing schedules. Many judges no longer allow vague schedules because of the post-judgment issues they can create. Instead, timesharing schedules should be specific and include details about holidays and school breaks. Parenting plans also address many common issues, such as child support and parental responsibility.
Custody & Visitation Solutions
The attorneys of Open Palm Law will help you to craft a detailed parenting plan that includes specific time for both parents and that addresses all other important issues related to your children. If you are unable to reach an agreement, Open Palm Law can help you argue in court why your desired parenting plan is appropriate.
FAQs for Custody & Visitation
Read the provisions of 61.13(3) to see what you are up against. This is how people are supposed to get along with the other parent and their child, and you cannot go into court and just say you don’t want the father to be in your child’s life. This statute is made to apply in paternity proceedings by the case law. There are many factors that will work for you, and many that can work against you, depending upon what you say and do. Get counsel.
Unfortunately, at the moment, you do not have any “rights” to the children because you were not married at the time of their births. You would have to file a Petition to Establish Paternity, and the court would then lay out a parenting plan for you.
In a divorce, child custody should be determined according to what is in the best interest of the child. More and more judges are now ordering 50/50 timesharing arrangements.
Courts begin with the assumption that it is best for a child to have ongoing and frequent contact with both parents. Only if the court finds that a parent poses a threat to a child’s welfare will this assumption be altered. Even where there has been abuse or neglect, courts will often impose limits on contact, such as ordering that visits be supervised, rather than cutting off all contact.